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Classification of Real Property Rights KTH Architecture and The Built Environment Classification of real property rights - A comparative study of real property rights in Germany, Ireland, the Netherlands and Sweden Jesper M. Paasch Report Real Estate Planning and Land Law Department of Real Estate and Construction Management School of Architecture and the Built Environment KTH Royal Institute of Technology Stockholm, Sweden . Author: Jesper M. Paasch Title: Classification of real property rights – A comparative study of real property rights in Germany, Ireland, the Netherlands and Sweden TRITA-FOB Report 2011:1 ISBN 987-91-85783-16-8 © Jesper M. Paasch Real Estate Planning and Land Law Department of Real Estate and Construction Management School of Architecture and the Built Environment KTH Royal Institute of Technology Stockholm, Sweden ii Abstract This report is part of my on-going research at KTH Royal Institute of Tech- nology, Department of Real Estate and Construction Management, Stock- holm, Sweden. The aim of this study is to investigate to what extent real property rights registered in national real property information systems - and originating from different legal systems - can be classified according to a theoretical model, the Legal Cadastral Domain Model. A terminological framework for classification of real property rights will further the compari- son of real property rights easier and further the cross-border transfer of real property information. The result of the case-studies is that it to a high degree is possible to classify the investigated rights according to the existing model. However, minor modification have to be implemented into the model to make it able to clas- sify all investigated rights. The case-studies also showed that the model could benefit from other minor changes, such as changing parts of the termi- nology used in the model. Keywords Real property rights, land management, land administration, real property ownership, standardization, legal modelling, terminology iii iv Acknowledgements The report has involved the participation of a number of national experts in real property legislation and others. I would like to thank the following per- sons (listed in alphabetical order) for generously giving me time for inter- views, answering questions per e-mail, providing literature or other valuable help regarding their legislative system and registers. All experts providing oral explanations were given the opportunity to review my interpretation of their answers compiled in this report before publication, thereby improving the text. However, all errors are mine. Mr. Volker George, Sächsisches Landesamt für Umwelt, Landwirtschaft und Geologie [Saxon State Ministry of the Environment and Agriculture], Köl- litsch, Germany. Mr. Stefan Gustafsson, Lantmäteriet, [The Swedish Mapping, Cadastre and Land Registration Authority], Gävle, Sweden. Mr. Fergus Hayden, Chief Examiner of Titles, The Property Registration Authority, Dublin, Ireland. Dr. Barbro Julstad, Lantmäteriet, [The Swedish Mapping, Cadastre and Land Registration Authority], Gävle, Sweden. Mr. Bengt Kjellson, Lantmäteriet, [The Swedish Mapping, Cadastre and Land Registration Authority], Gävle, Sweden. Mr. Anders Larsen, Lantmäteriet, [The Swedish Mapping, Cadastre and Land Registration Authority], Gävle, Sweden. Professor, Dr. Hendrik Ploeger, Delft University of Technology, Delft, the Netherlands. Mr. Ralf Schmidt, Hessisches Ministerium für Umwelt, Energie, Land- wirtschaft und Verbraucherschutz (HMUELV), [Hessian Ministry of Envi- ronment, Energy, Agriculture and Consumer Protection], Wiesbaden, Ger- many. Dr. Markus Seifert, Bayerische Vermessungsverwaltung, Landesamt für Vermessung und Geoinformation [Land of Bavaria Agency for Surveying and Geographic Information], Munich, Germany. v Mr. Volker Strehl, Bundesministerium der Justiz [Ministry of Justice], Ber- lin, Germany. Professor, Dr. Jaap Zevenbergen, Faculty of Geo-Information Sci- ence and Earth Observation of the University of Twente, the Netherlands. Dr. Harry Uitermark, Kadaster [Dutch Land Registry Office], Apeldoorn, the Netherlands. I would also like to especially thank Professor, Dr. Hans Mattsson and Dr. Peter Ekbäck, KTH Royal Institute of Technology and Professor, Dr. Erik Stubkjær, Aalborg University, Denmark, for their input and suggestions improving this report. Last, but not least, I would also like to thank Mrs. Anna Forsberg for sugges- tions regarding the layout of this report. Gävle, June 21 st 2011 Jesper Mayntz Paasch vi Table of contents 1 Introduction ..................................................................................... 9 1.1 Background .................................................................................................... 9 1.2 Scope and delimitation .................................................................................. 9 1.2.1 Scope...................................................................................................... 10 1.2.2 Delimitation ........................................................................................... 11 1.3 Report structure .......................................................................................... 13 1.4 Research methodology ................................................................................ 13 1.5 Translations and notation ........................................................................... 14 1.6 Terminology ................................................................................................. 14 2 Legal systems ................................................................................. 16 3 Classification of real property rights........................................... 18 3.1 Legal Cadastral Domain Model ................................................................. 18 4 Ownership ...................................................................................... 20 4.1 What is ownership? ..................................................................................... 20 4.2 Ownership in real property ........................................................................ 23 5 National concepts of ownership and real property in the studied countries ............................................................................................ 25 5.1 Germany ....................................................................................................... 25 5.2 Ireland .......................................................................................................... 28 5.3 The Netherlands ........................................................................................... 30 5.4 Sweden .......................................................................................................... 32 6 Investigated rights ......................................................................... 34 6.1 Common right .............................................................................................. 34 6.1.1 Germany ................................................................................................ 35 6.1.2 Ireland.................................................................................................... 35 6.1.3 The Netherlands..................................................................................... 35 6.1.4 Sweden................................................................................................... 36 6.2 Real property right ...................................................................................... 36 6.2.1 Germany ................................................................................................ 37 6.2.2 Ireland.................................................................................................... 39 6.2.3 The Netherlands..................................................................................... 41 6.2.4 Sweden................................................................................................... 42 6.3 Personal right ............................................................................................... 43 6.3.1 Germany ................................................................................................ 44 6.3.2 Ireland.................................................................................................... 49 6.3.3 The Netherlands..................................................................................... 51 6.3.4 Sweden................................................................................................... 55 vii 6.4 Latent right .................................................................................................. 58 6.4.1 Germany ................................................................................................ 59 6.4.2 Ireland.................................................................................................... 60 6.4.3 The Netherlands..................................................................................... 61 6.4.4 Sweden................................................................................................... 62 6.5 Lien ............................................................................................................... 62 6.5.1 Germany ............................................................................................... 63 6.5.2 Ireland................................................................................................... 65 6.5.3 The Netherlands...................................................................................
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